BS BULLETIN:
- Wilber Rafael Garces-Perez, 28, has been charged with assaulting, resisting and impeding a federal officer after an ICE encounter in Austin ended with him being shot.
- Prosecutors allege he struck one ICE officer with his side-view mirror, led agents on a high-speed chase and later tried to hit another officer with his car.
- Garces-Perez disputes parts of the government’s account, and the agent who fired the shot was not wearing a body camera.
A Venezuelan delivery driver who became the center of an uproar after being shot by an ICE agent in Austin now has another problem.
A federal criminal charge carrying a potential 20-year prison sentence.
Wilber Rafael Garces-Perez made his first federal court appearance Tuesday after prosecutors charged him with assaulting, resisting, interfering with and impeding a federal officer.
The Sept. 20 encounter began after ICE officers determined Garces-Perez had a final order of removal and initiated a traffic stop.
According to the criminal complaint, Garces-Perez handed officers his driver’s license through the window.
Agents then ordered him to put the vehicle in park and step outside.
Prosecutors say he refused.
After officers repeated their instructions in Spanish, the complaint alleges Garces-Perez “abruptly” closed his window and drove away.
That is when the government says his driver’s-side mirror struck an ICE officer in the torso.
The encounter did not end there.
Federal prosecutors say agents pursued Garces-Perez with emergency lights and sirens activated as he led them on a “high-speed chase” through commercial and residential areas.
One agent eventually lost sight of him.
The other caught up. According to the Justice Department, Garces-Perez then “attempted to strike the officer with his car, causing the officer to fire his pistol.” Garces-Perez was hit. He was later hospitalized and taken into federal custody.
His attorney says a bullet remains lodged in his back and that he has been asking for surgery because of severe pain and difficulty moving his arm.
But Garces-Perez’s version of what happened differs from the government’s. He told investigators that an unmarked SUV followed him and cut him off. He also said that during the chase a law-enforcement vehicle struck his car, causing it to spin before an agent fired at him.
His attorney, Kate Lincoln-Goldfinch, has called for the government to release all available body-camera video. “This is an example of the government playing games with my client’s life and safety,” she said. There is a significant gap in the available footage. The agent who actually shot Garces-Perez was not wearing a body camera, according to the affidavit. Another officer had one, but that officer did not catch up until after the shooting.
The available footage does cover the earlier portion of the stop.
According to the Justice Department, it shows Garces-Perez driving away as the side mirror strikes the first officer.
Garces-Perez entered the United States in 2024 using the Biden administration’s CBP One system and later received a work permit while pursuing asylum, according to his attorney. She says his removal order resulted after he missed a hearing because the notice was sent to an old address.
The federal government nevertheless says an immigration judge had entered a final order of removal before ICE sought to arrest him.
A detention hearing is scheduled for Friday.
If convicted of the federal assault charge, Garces-Perez faces up to 20 years in prison. The charge remains an allegation, and he is presumed innocent unless proven guilty.
DBS WIRE SOURCES
- Department of Justice — Garces-Perez charged with assaulting and resisting a federal officer
- Associated Press — Federal prosecutors charge Venezuelan man shot by ICE
- CBS News — Feds charge Venezuelan man shot by ICE agent
- Fox News — Venezuelan national shot by ICE charged with assaulting federal officer
- Twitchy — Venezuelan shot by ICE charged with assaulting federal officer
